Unlawfully discharging a firearm in Texas can lead to a hefty fine and time behind bars. If you have been charged with disorderly conduct as it relates to unlawfully discharging a firearm in Texas, consulting with a lawyer should be your first priority. For immediate assistance and to discuss your case in detail, call Price & Twine, PLLC gun crime lawyers at (512) 354-1880 or contact us online.
Overview of Unlawful Discharge of a Firearm in a Public Place
Specifics Of The Offense
Texas Penal Code Section 42.01 makes it illegal for an individual to intentionally or knowingly discharge a firearm in a public place other than a shooting range. “Intentionally or knowingly” means that the individual is aware of their actions when discharging the firearm. “Public place” refers to public areas such as parks, streets, and other open spaces, but also includes public school campuses and the school grounds on which a public school is located. Firing a gun across highways or streets is also prohibited under this law.
Classification And Legal Consequences
The law categorizes the unlawful discharge of a firearm as a Class B misdemeanor. While other forms of disorderly conduct might fall under Class C misdemeanors, the unlawful discharge of a firearm is deemed more serious and carries stiffer penalties. Individuals convicted under this law may face a fine of up to $2,000, up to 180 days in jail, or both.
Defenses
The law requires that the individual knowingly and intentionally commit the offense, which means that an individual could defend against charges on the grounds that their actions were accidental. Also, a person is allowed to discharge a firearm if they have a reasonable fear of bodily injury either to themselves or another person due to a dangerous wild animal. Other defenses may apply based on the individual’s situation.
Frequently Asked Questions
What Does The Law Say About Discharging A Firearm In A Public Place?
Texas law states that a person is guilty of a crime if they intentionally or knowingly discharge a firearm in a public place.
What Constitutes A Public Place?
The law defines a “public place” as any location accessible to the general public.
What Are The Penalties For Unlawful Discharge Of A Firearm?
If convicted, you could face a fine of up to $2,000, up to 180 days in jail, or both.
What Should I Do If I’m Charged?
If you are charged under this law, consult with a lawyer. A criminal defense attorney familiar with Texas law can help you understand your rights, the legal process, and any defenses that may be available to you.
Areas We Serve
We service cities in Williamson County such as:
- Cedar Park
- Georgetown
- Leander
- Round Rock
- Taylor
- Hutto
- Liberty Hill
We also service cities in Bell County such as:
Unlawful Discharge of a Firearm in a Public Place Resources
View the Texas Penal Code on unlawful discharge of a firearm in a public place. The law provides a description of the offense as well as applicable penalties.
Why You Should Contact Price & Twine, PLLC For Representation
If you’re accused of unlawfully discharging a firearm, talk with experienced gun crime lawyers at Price & Twine, PLLC. We focus on representing clients who have been charged with crimes like this. Don’t leave your future to chance; contact us today at (512) 354-1880 or contact us online to schedule a consultation about your legal rights and options.